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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On January 5, 2014, the Defendant acquired the opposing power under the Housing Lease Protection Act and the lease of the instant apartment (hereinafter “instant apartment”) and the instant apartment E (hereinafter “instant apartment”).
(2) The Defendant, along with his family members, occupied the instant apartment on February 15, 2014 and completed the move-in report on February 19, 2014.
B. The Plaintiff acquired the instant apartment ownership on February 21, 2014. The Plaintiff completed the registration of ownership transfer on the ground of sale on January 5, 2014 with respect to the instant apartment. The entire registered matters concerning the instant apartment are indicated as KRW 84.5 million at the time of transaction value.
C. On April 25, 2016, the Defendant filed a lawsuit against the Plaintiff for the claim for the return of the lease deposit against the Plaintiff, asserting the following as follows. The Defendant is a lessee with the opposing power over the instant apartment, and the Plaintiff succeeded to the status of the lessor by acquiring the ownership of the instant apartment, and the Defendant returned the instant apartment on March 17, 2016, the Plaintiff is obligated to pay the lease deposit and the damages for delay thereof to the Defendant. 2) On October 20, 2016, the Daejeon District Court Seo-gu District Court (Seoul District Court: (a) the Plaintiff is obliged to pay the lease deposit and the damages for delay thereof to the Defendant by service, and (b) on March 18, 2016, the said lawsuit was concluded in favor of the Defendant at the rate of 15% per annum from the day after March 18, 2016 to August 4, 2016 to the day of full payment (hereinafter “the said judgment”).
The defendant who acquired the ownership of the apartment of this case through the procedure for compulsory auction on December 12, 2016 is against the apartment of this case as the executive title.